Byrd

        COLUMBUS — A divided Ohio Supreme Court on Wednesday refused to block condemned killer John W. Byrd's date with the electric chair.

        While the 4-3 decision keeps a Sept. 12 execution on track, it also revealed disagreement among the justices over whether enough has been done to weigh Mr. Byrd's last-ditch plea of innocence.

        Justice Paul E. Pfeifer told the Enquirer he would have delayed the execution so the high court could consider Mr. Byrd's appeal. Chief Justice Thomas J. Moyer said he wanted four votes to at least hear it.

        “I certainly would have considered a stay (of execution,)” Justice Moyer said. “Mr. Byrd isn't going anyplace.”

        Neither would say if he thought the wrong man might be executed. Justice Moyer said he was comfortable with a 1987 court vote supporting death for Mr. Byrd.

        “I don't know how you can intelligently answer that question,” Justice Pfeifer said. “Because we have not accepted jurisdiction, I have not been able to see any of this information firsthand.”

        Mr. Byrd's innocence claim centers on two recently unveiled confessions from John Brewer, an accomplice to the 1983 robbery and murder of Colerain Township convenience store clerk Monte Tewksbury. Mr. Brewer said he stabbed Mr. Tewksbury during a scuffle behind the store counter.

        A Hamilton County jury sent Mr. Byrd to death row, convinced beyond a reason able doubt he was the man who held the knife. Mr. Brewer got a 41-to-life sentence in a separate 1983 trial.

        A Hamilton County trial court and appellate court have dismissed Mr. Brewer's confessions, calling them unbelievable and ruling they were filed too late.

        Ohio public defenders took Mr. Brewer's first confession in 1989. They never mentioned it nor tried to use it until now, after Mr. Byrd's regular appeals had run out.

        Justices Andrew Douglas, Deborah Cook, Evelyn Lundberg Stratton and Alice Robie Resnick voted to deny jurisdiction, essentially blocking the court from picking up the plea. The vote was made after a short discussion among the justices Tuesday and reported Wednesday without any written comment.

        Justice Francis Sweeny, the third dissenter, did not return calls placed at his Columbus office.

        Ohio Public Defender David Bodiker said he was disappointed with the decision. But he said his office would be sure to mention the close vote when it takes Mr. Byrd's innocence claim to federal judges.

        “We certainly will point to it,” Mr. Bodiker said.

        Hamilton County Prosecutor Mike Allen said he was satisfied with the decision.

        “This wrong-man defense has been exposed for what it is, and that's a sham,” Mr. Allen said.

Many drivers risk blowouts
Divided court won't stop execution
Graham crusade likely in June
Blanchester vows to keep searching for body
Rights at issue in poison case
Letter asks money for supporting police
Over-the-Rhine apartments new, improved
Flower boxes decorate Over-the-Rhine
Dog licenses cost more
Reading promotes new image
Union joins call for job training
Woman's home fix-up proceeds
College Hill may get Children's psych unit
Congrats
Doctor-choice idea adds to cost
Fairfield sign restriction to be dropped
Four charged in school vandalism
In the schools
Local Digest
Newport on the Levee just for fun
United Way drive begins in N.Ky.
Democratic chief sighs over Lucas votes
Florence prepares for Y'all Festival
Ky. agencies end public prayers
Ky. Education Notes
Cops encounter language barrier
Kentucky Digest
Ohio high court upholds Cincinnati death penalty case
School eyed by preservationists closed